Sherwin-Williams Co. v. Escuadra

Blackburn, Judge.

This appeal addresses whether the sole proprietor of a business which operates as a subcontractor may be considered an “employee” of the subcontractor for purposes of the workers’ compensation statutory employer provisions of OCGA § 34-9-8. Felipe Escuadra worked as a subcontractor and independent contractor for Sherwin-Williams. He was injured on the job. A carpet layer, Escuadra had his own trucks and tools and “three or four employees.” He believed his sole proprietorship had workers’ compensation coverage, as SherwinWilliams required of its subcontractors, but it appears…